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FLORIDA DEPARTMENT OF EDUCATION
PROPOSED UNSAFE SCHOOL CHOICE OPTION
TECHNICAL ASSISTANCE PAPER
A. Overview
The Elementary and Secondary Education Act (ESEA) reauthorization included a new
provision related to school safety entitled the Unsafe School Choice Option (USCO), Title
IX, Part E., Subpart 2, Section 9532 of Public Law 107-110. This law requires states
receiving ESEA funds to identify persistently dangerous schools and provide students in
such schools the option of attending a safe school.
This document is designed to explain how this new provision impacts local school districts,
provide the proposed Florida definition of a persistently dangerous school, and provide the
proposed policy on alternatives for students who are victims of certain crimes on school
grounds.
of Education (FDOE) has solicited input from the Florida
Association of District School Superintendents, the School Emergency Management
Planning Interagency Advisory Committee, the Partnership for School Safety and Security,
the Safe and Drug-Free Schools (SDFS) Advisory Council, SDFS coordinators, DOE staff,
and other school district personnel to help develop the state policy required by this new
federal provision.
B. Questions and Answers
I.
Requirements
What does Section 9532 Unsafe School Choice Option of the Elementary and
Secondary Education Act state?
Section 9532 Unsafe School Choice Option
(a) UNSAFE SCHOOL CHOICE POLICY – Each state receiving funds under this Act
shall establish and implement a statewide policy requiring that a student attending a
persistently dangerous public elementary school or secondary school, as determined by
the state in consultation with a representative sample of local educational agencies, or
who becomes a victim of a violent criminal offense, as determined by state law, while in
or on the grounds of a public elementary school or secondary school that the student
attends, be allowed to attend another public elementary or secondary school within the
local educational agency, including a public charter school.
(b) CERTIFICATION – As a condition of receiving funds under this Act, a state shall
certify in writing to the Secretary that the state is in compliance with this section.
The Florida Department
Federal
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Please note that there are two options for students under the law. The state assurance
must cover both.
1. The Group Option pertains to the definition of a persistently dangerous school and
students’ option if attending a school that is so designated.
2. The Individual Option pertains to any individual student who becomes a victim of a
violent crime as defined by state law on his/her school grounds.
offender is another student at the same school, Florida law takes this a step further.
Section 1006.13(5), Florida Statutes (F.S.), prohibits the offender from attending the
same school or riding on the same school bus as the victim or victim’s sibling(s),
with certain qualifications.
herefore, the victim may choose to remain at his/her
school and have the offender attend another school within the district.
More detailed information on Section 1006.13(5), F.S., can be found at:
http://www.firn.edu/doe/dps/dpsmemo02/02-051.htm
For the purpose of this policy, those
felony
violations listed under Section
1006.13(5), F.S., that are pertinent to crimes committed on students on the grounds
of their schools, shall constitute the violent crimes.
II. Group Option Requirements--Identifying Persistently Dangerous Schools
How will it be determined that a Florida public school is persistently dangerous
under Section 9532?
A public school in Florida shall receive a persistently dangerous school designation if,
for three consecutive years, each of the two following conditions persist:
•
The school has a federal gun-free schools violation, and
•
The school has expelled one percent (1%) or more of a student body that is greater
than 500 students or five (5) students if the student body is 500 students or less,
whichever number is higher, for incidents of crime and violence that are homicide,
battery, sexual battery, or weapons possession related, as reported in the School
Environmental Safety and Incident Report (SESIR) System.
ts the
expulsion criterion, then it shall conduct an anonymous school-wide climate survey
determined by the Florida Department of Education.
parents, and school personnel responding to the
climate surveys perceive the school
to be unsafe as evidenced by the results of the surveys administered by the school
district, then the school meets this criterion.
However, if the
T
If a school mee
If the majority (51%) of students,
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For criterion 1, "gun-free schools violation" means a student who is determined to have
brought a firearm to a school, or to have possessed a firearm at school based on the
federal Gun-Free Schools Act.
handgun, rifle, shotgun or other type of
firearm (section 921 of title 18,
United States Code
).
ion agencies (LEAs)
receiving federal Elementary and Secondary Education Act funds are required to
complete and return the Gun-Free Schools Act (GFSA) Local Education Agency
Activities Report to the Department.
Department compiles the results from each
district and sends the results to the U.S. Department of Education.
For the second criterion, Section 1003.01(6), F.S., defines “expulsion” as the removal of
the right and obligation of a student to attend a public school under conditions set by the
district school board, and for a period of time not to exceed the remainder of the term or
school year and one additional year of attendance.
without continuing educational services and shall be reported accordingly.
districts should be coding their expulsion data to reflect those students who are actually
expelled.
For a school to meet the second criterion, its expulsion data and climate survey data
must both be met.
ple, if the climate survey results indicate that the majority of
students, parents, and school personnel perceive the school to be safe, but the school
expelled one percent of its student body for homicide, battery, sexual battery, and/or
weapons possession, then the school would not meet this criterion as both conditions
must exist for it to be designated as such.
of
violence that resulted in one percent of the population being expelled for a specific
incident would not result in the school being persistently dangerous.
here is “persistently.”
For those schools meeting the one-percent expulsion criterion, the Department will
designate a school-wide climate survey to be conducted.
ide
whether to survey all or a random sampling of parents, students, and school personnel
(instructional/non-instructional) at the school.
random sampling, then they must ensure that they follow valid random sampling
procedures.
cts must ensure a response rate from each group that is
statistically sound to provide reliable data. As the SEA, the Department has to exercise
appropriate oversight.
efore, the survey administration process and survey
instrument items pertaining to school safety must be validated by the DOE.
Department shall provide guidelines on reliable survey administration procedures.
The school-wide climate surveys shall consist of items relating to overall school safety,
including perceptions of:
•
frequency of weapons and drugs at schools;
•
frequency of school incidents of crime and violence, including bullying and physical
fights on school grounds;
“Firearm" means
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Expulsions may be imposed with or
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•
gang presence on school grounds;
•
fair and equitable school rules, consequences, and discipline.
The benefits of administering these surveys include gathering meaningful data for
school administrators to use to improve safety-related issues in their school
improvement plans and providing the school another indicator, other than expulsion
data only, to determine if the school is persistently dangerous.
Presently, pursuant to Section 1006.09(6), F.S., school principals are responsible for
accurately reporting their school safety and discipline data to the Department of
Education.
al No Child Left Behind law requires the
Department to gather school-level data on numbers of violence-related or weapons-
related expulsions (as well as suspensions).
For this policy, expulsions for four serious SESIR incidents (homicide, battery, sexual
battery, and weapons possession) will be part of a criterion in determining if a school is
persistently dangerous
.
Below are the SESIR definitions for Homicide, Battery, Sexual
Battery, and Weapons Possession:
•
Homicide
(murder, manslaughter)—the killing of one human being by another.
•
Battery
(physical attack/harm)—the physical use of force or violence by an
individual against another.
from fighting, an incident is reported
as battery only when the force or violence is carried out against a person who is
not fighting back.
•
Sexual Battery
(attempted or actual)—forced or attempted oral, anal, or
vaginal penetration by using a sexual organ or an object simulating a sexual
organ, or the anal or vaginal penetration of another by any body part or object.
•
Weapons Possession
(possession of firearms and other instruments which can
cause harm)—possession of any instrument or object (as defined by s. 790.001,
F.S., or district code of conduct) that can inflict serious harm on another person
or that can place a person in reasonable fear or apprehension of serious harm.
In determining the one-percent expulsion rate, schools with 500 or fewer students may
use five (5) expulsions as the threshold criterion.
Schools with more than 500 students
should use the formula below to calculate their current rate of violence-related or
weapons-related expulsions.
# of expulsions for homicide/battery/sexual battery/and weapons possession =
%
# of students enrolled in the school
As soon as a school meets the expulsion criterion, then it shall conduct an anonymous
school-wide climate survey determined by the Florida Department of Education.
majority (51%) of students, parents, and school personnel responding to the
climate
surveys perceive the school to be unsafe as evidenced by the results of the surveys
administered by the school district, then the school meets this criterion.
Additionally, the new feder
To distinguish
_____
If the
Although
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expulsion data will be an indicator for one of the criteria, it is critical for principals to be
able to accurately report these data without fear of retribution.
collection and reporting will not help schools improve, nor students achieve, if a school
does not use these data to make decisions to improve its learning environment.
Who shall decide that a school is persistently dangerous?
Federal law states that the state educational agency is responsible for identifying
persistently dangerous schools.
do so, school districts must provide the
appropriate data to make this identification in a timely manner.
district shall collect the appropriate data for the federal gun-free schools report violation,
climate surveys, and expulsions for the specified SESIR incidents (homicide, battery,
sexual battery, and weapons possession).
is information will be sent to the
Department as directed by the DOE.
In order to meet the immediate need to identify
when a school has met the expulsion criterion during school year 2002-2003, it is likely
that a tracking system will be established by the Department for school districts to send
to the Commissioner of Education data on expulsions for homicide, battery, sexual
battery, and weapons possession within 48 hours of the school board acting on such
expulsion actions.
inue to report SESIR and discipline data to
the Department through Survey 5 as well.
The DOE shall review such information to determine if the conditions listed above exist
within any given school.
rst year that the Department determines that the
conditions exist in a given school, it shall notify the district of this determination so that
proper corrective action may be taken.
If the Department determines that the conditions exist in a given school for a third year,
the data and information provided by the school district shall be reviewed by the DOE
for its final determination of whether the school should be identified as persistently
dangerous. The final determination by the Department shall constitute final agency
action and the district may contest such designation within 30 days of such action.
What is the definition of a school?
Section 1003.01(2), F.S., defines “school” as an organization of students for
instructional purposes on an elementary, middle or junior high school, secondary or high
school, or other public school level authorized under rules of the State Board of
Education.
cy, a school is any school with a school number.
Inaccurate data
For the state to
Therefore, each school
Th
School districts will cont
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For the purposes of this poli
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III. Local Education Agency (LEA) Responsibilities
Note:
The following LEA responsibilities were outlined in the U.S. Department of
Education’s Unsafe School Choice Option Draft Non-Regulatory Guidance.
What must the LEA do when one or more of its schools have been identified as
persistently dangerous?
At a minimum, the LEA that has one or more schools identified as persistently
dangerous must, in a timely manner:
(1)
notify parents of each student attending the school that the state has identified the
school as persistently dangerous (generally within ten days);
(2)
offer students the opportunity to transfer to a safe public school, including a safe
public charter school, within the LEA (generally within 20 days); and
(3)
complete the transfer for those students who accept the offer (generally within 30
days).
In addition, the LEA should also:
(4)
develop a corrective action plan; and
(5) implement that plan in a timely manner.
Parental notification regarding the status of the school and the offer to transfer students
may be made simultaneously.
What is “timely implementation” of these steps?
Although “timely implementation” depends on the specific circumstances within the LEA,
generally, an example of timely notification to parents or guardians is within ten school
days from the time that the LEA learns that the school has been identified as
persistently dangerous.
Generally, within 20 school days from the time that the LEA learns that the school has
been identified as persistently dangerous, there should be timely development of a
corrective action plan and the offer to students of the opportunity to transfer.
Transfers of students generally should occur within 30 school days.
Should the LEA submit its corrective action plan to the Department for approval?
Yes.
EA’s corrective action plan, the Department
should provide technical assistance as the plan is implemented and should monitor the
LEA’s timely completion of the approved plan.
In addition, after approving the L
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What types of corrective action may be taken?
Corrective action should be based on an analysis of the problems faced by the school
and address the issues that resulted in the school being identified as persistently
dangerous. Some examples of corrective action include: hiring additional personnel to
supervise students in common areas, increasing instructional activities in areas such as
conflict resolution, working with law enforcement officials to identify and eliminate gang-
related activities, providing in-service training of teachers and administrators concerning
implementing a positive behavioral support system when addressing school-wide
discipline policies, limiting access to campuses, hiring security personnel, or purchasing
of security equipment. These are just some examples and LEAs are not limited to these
examples only.
What resources are available to help schools implement corrective action?
Consistent with applicable requirements such as those contained in the
Safe and Drug-
Free Schools and Communities Act (SDFSCA)
“Principles of Effectiveness,” SDFSCA
state grant program funds may be used to implement planned corrective actions
[section 4115].
LEAs may also consider using the flexibility provided under Section
6123(b) of the ESEA, which provides for the transfer, under certain circumstances, of
funds from one ESEA program to another.
State and local resources may also be used to help schools implement corrective
action.
What does the LEA do when corrective action has been completed?
Upon completion of its planned corrective action, the LEA may apply to the Department
to have the school removed from the list of persistently dangerous schools.
ensuring that corrective action has been completed, the Department should reassess
the school using the agreed upon criteria for the identification of persistently dangerous
schools.
Must all students attending a persistently dangerous school be offered the
opportunity to transfer?
Yes.
Are students at persistently dangerous schools required to transfer to another
school in the LEA?
No.
transfer, but must be offered the opportunity to do so.
After
Students are not required to
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If a student attending a public school identified as persistently dangerous elects
to transfer to another public school, how is the school selected?
To the extent possible, the LEA should allow transferring students to transfer to a school
that is making adequate yearly progress and has not been identified as being in school
improvement, corrective action, or restructuring (per the Unsafe School Choice Option,
Draft Non-Regulatory Guidance, July 23, 2002, DRAFT GUIDANCE, U.S. Department
of Education).
A is encouraged to take into account the needs and preferences
of the affected students and parents.
A shall make the final
determination as to which schools student will be transferred.
If a student elects to transfer to another public school, is the transfer permanent
or temporary?
The transfer may be temporary or permanent, but must be in effect as long as the
student’s original school is identified as persistently dangerous.
determination of whether the transfer should be temporary or permanent, the LEA
should consider the educational needs of the student, as well as other factors affecting
the student’s ability to succeed if returned to the transferring school.
LEA may want to consider allowing a student to complete his or her education through
the highest grade level at the receiving school.
What if there is not another school in the LEA for the transferring student(s)?
LEAs are encouraged, but not required, to explore other appropriate options such as an
agreement with a neighboring LEA to accept transfer students.
IV.
ual Option for Students who Become Victims of Violent Criminal Offenses
What specific crimes are considered violent criminal offenses?
For the purposes of a student who has been victimized being allowed to transfer to
another school, the following offenses meet the standard of a “violent criminal offense.”
A “violent criminal offense” is defined as a
felony
violation of Florida Statutes found in:
Section 782.051, relating to attempted felony murder;
Chapter 784, relating to assault, battery, stalking, and culpable negligence;
Chapter 787, relating to kidnapping, false imprisonment, luring or enticing a child, and
custody offenses;
Chapter 794, relating to sexual battery;
Chapter 800, relating to lewdness and indecent exposure;
Chapter 827, relating to abuse of children;
Section 812.13, relating to robbery;
The LE
However, the LE
In making the
For example, the
Individ
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Section 812.131, relating to robbery by sudden snatching; or
Section 812.133, relating to carjacking.
NOTE:
Some of the statutes listed above include both misdemeanors and felony
offenses. Section 1006.13(5), F.S., refers only to
felony
offenses or offenses that would
be a felony if committed by an adult.
In order to be considered a violent criminal offense for the purposes of transferring to
another school, it is necessary that the incident be reported to the appropriate law
enforcement agency.
of the victim of any such felony may invoke the
transfer option once the state attorney files charges against the offender.
However, if the offender is another student at the same school, Section 1006.13(5),
F.S., prohibits the offender from attending the same school or riding on the same school
bus as the victim or victim’s sibling(s) with certain qualifications.
may choose to remain at his/her school and have the offender attend another school
within the district.
What should the LEA do when a student becomes a victim of a violent criminal
offense as defined above?
Consistent with the statewide USCO policy, the LEA should contact the parent(s) of the
victimized student, generally within ten calendar days, and offer the victim an
opportunity to transfer to another public school (including public charter schools) within
the LEA, should his/her offender be charged with one of the specified felonies.
Parents of the victimized student should request the transfer within 20 days of the date
when the State Attorney’s Office files charges against the offender.
occur in an expedient manner (generally within 30 days of the parent’s request) and in a
way that does not result in loss of academic credit, reduction in grades, or any other
academic or other penalty to the victimized student.
When communicating with parents, districts need to ensure that all home
communication be written in the home language, whenever feasible.
However, if the victim’s offender is another student at the same school, Section
1006.13(5), F.S., prohibits the offender from attending the same school or riding on the
same school bus as the victim or victim’s sibling(s) with certain qualifications.
Therefore, the victim may choose to remain at his/her school and have the offender
attend another school within the district.
The parent
Therefore, the victim
The transfer must
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Is a student who has become the victim of a violent criminal offense required to
transfer to another school in the LEA?
No.
ty to transfer; however, the student may
elect to remain at the school.
If a student who has been the victim of a violent crime elects to transfer to
another public school, how is the school selected?
To the extent possible, LEAs should allow transferring students to transfer to a school
that is making adequate yearly progress and has not been identified as being in need of
school improvement, corrective action, or restructuring.
into account the needs and preferences of the affected students and parents.
the ultimate decision as to which school the student shall be transferred lies with the
district.
What if there is not another safe school in the LEA for the transferring student?
LEAs are encouraged, but not required, to explore other appropriate options such as an
agreement with a neighboring LEA to accept transfer students.
If a student elects to transfer to another public school, are resources available to
help cover the costs (such as transportation costs) associated with the transfer?
The USCO statute does not authorize resources specifically to help cover these costs.
However, under certain circumstances federal funds may be used.
IV, Part A funds may be used to establish safe zones of passage to and from school to
ensure that students travel safely on their way to school and on their way home
[section
4115(b)(2)(E)(v)]
.
Part A funds may be used to help cover costs
such as tuition or transportation related to USCO or expansion of public school choice
[sections 5121(8) and 5131(12) and (25)].
Additionally, LEAs are encouraged to work with local victims assistance units to
determine if they have funds available for this purpose.
How can someone get additional information about the Unsafe School Choice
Option Policy?
Contact :
Schools, 850-410-1667/Suncom 210-1667
The student must be offered the opportuni
The LEA is encouraged to take
However,
For example, Title
In addition, Title V,
Office of Safe
